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General Assembly Substitute Bill No. 7323
January Session, 2019
AN ACT CONCERNING AN EXEMPTION FOR CERTAI N
EXPENDITURES CLEARLY IDENTIFYING GOVERNOR OR
PRESIDENT OF THE UNITED STATES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (b) of section 9-601a of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective from 2
passage): 3
(b) As used in this chapter and chapter 157, "contribution" does not 4
mean: 5
(1) A loan of money made in the ordinary course of business by a 6
national or state bank; 7
(2) Any communication made by a corporation, organization or 8
association solely to its members, owners, stockholders, executive or 9
administrative personnel, or their families; 10
(3) Nonpartisan voter registration and get-out-the-vote campaigns 11
by any corporation, organization or association aimed at its members, 12
owners, stockholders, executive or administrative personnel, or their 13
families; 14
(4) Uncompensated services provided by individuals volunteering 15
their time on behalf of a party committee, political committee, slate 16
committee or candidate committee, including any services provided 17 Substitute Bill No. 7323
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for the benefit of nonparticipating and participating candidates under 18
the Citizens' Election Program and any unreimbursed travel expenses 19
made by an individual who volunteers the individual's personal 20
services to any such committee. For purposes of this subdivision, an 21
individual is a volunteer if such individual is not receiving 22
compensation for such services regardless of whether such individual 23
received compensation in the past or may receive compensation for 24
similar services that may be performed in the future; 25
(5) The use of real or personal property, a portion or all of the cost of 26
invitations and the cost of food or beverages, voluntarily provided by 27
an individual to a candidate, including a nonparticipating or 28
participating candidate under the Citizens' Election Program, or to a 29
party, political or slate committee, in rendering voluntary personal 30
services at the individual's residential premises or a community room 31
in the individual's residence facility, to the extent that the cumulative 32
value of the invitations, food or beverages provided by an individual 33
on behalf of any candidate or committee does not exceed four hundred 34
dollars with respect to any single event or does not exceed eight 35
hundred dollars for any such event hosted by two or more individuals, 36
provided at least one such individual owns or resides at the residential 37
premises, and further provided the cumulative value of the invitations, 38
food or beverages provided by an individual on behalf of any such 39
candidate or committee does not exceed eight hundred dollars with 40
respect to a calendar year or single election, as the case may be; 41
(6) The sale of food or beverage for use by a party, political, slate or 42
candidate committee, including those for a participating or 43
nonparticipating candidate, at a discount, if the charge is not less than 44
the cost to the vendor, to the extent that the cumulative value of the 45
discount given to or on behalf of any single candidate committee does 46
not exceed four hundred dollars with respect to any single primary or 47
election, or to or on behalf of any party, political or slate committee, 48
does not exceed six hundred dollars in a calendar year; 49
(7) The display of a lawn sign by a human being or on real property; 50 Substitute Bill No. 7323
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(8) The payment, by a party committee or slate committee of the 51
costs of preparation, display, mailing or other distribution incurred by 52
the committee or individual with respect to any printed slate card, 53
sample ballot or other printed list containing the names of three or 54
more candidates; 55
(9) The donation of any item of personal property by an individual 56
to a committee for a fund-raising affair, including a tag sale or auction, 57
or the purchase by an individual of any such item at such an affair, to 58
the extent that the cumulative value donated or purchased does not 59
exceed one hundred dollars; 60
(10) (A) The purchase of advertising space which clearly identifies 61
the purchaser, in a program for a fund-raising affair sponsored by the 62
candidate committee of a candidate for an office of a municipality, 63
provided the cumulative purchase of such space does not exceed two 64
hundred fifty dollars from any single such candidate or the candidate's 65
committee with respect to any single election campaign if the 66
purchaser is a business entity or fifty dollars for purchases by any 67
other person; 68
(B) The purchase of advertising space which clearly identifies the 69
purchaser, in a program for a fund-raising affair or on signs at a fund-70
raising affair sponsored by a party committee or a political committee, 71
other than an exploratory committee, provided the cumulative 72
purchase of such space does not exceed two hundred fifty dollars from 73
any single party committee or a political committee, other than an 74
exploratory committee, in any calendar year if the purchaser is a 75
business entity or fifty dollars for purchases by any other person. 76
Notwithstanding the provisions of this subparagraph, the following 77
may not purchase advertising space in a program for a fund-raising 78
affair or on signs at a fund-raising affair sponsored by a party 79
committee or a political committee, other than an exploratory 80
committee: (i) A communicator lobbyist, (ii) a member of the 81
immediate family of a communicator lobbyist, (iii) a state contractor, 82
(iv) a prospective state contractor, or (v) a principal of a state 83 Substitute Bill No. 7323
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contractor or prospective state contractor. As used in this 84
subparagraph, "state contractor", "prospective state contractor" and 85
"principal of a state contractor or prospective state contractor" have the 86
same meanings as provided in subsection (f) of section 9-612; 87
(11) The payment of money by a candidate to the candidate's 88
candidate committee, provided the committee is for a nonparticipating 89
candidate; 90
(12) The donation of goods or services by a business entity to a 91
committee for a fund-raising affair, including a tag sale or auction, to 92
the extent that the cumulative value donated does not exceed two 93
hundred dollars; 94
(13) The advance of a security deposit by an individual to a 95
telephone company, as defined in section 16-1, for telecommunications 96
service for a committee or to another utility company, such as an 97
electric distribution company, provided the security deposit is 98
refunded to the individual; 99
(14) The provision of facilities, equipment, technical and managerial 100
support, and broadcast time by a community antenna television 101
company, as defined in section 16-1, for community access 102
programming pursuant to section 16-331a, unless (A) the major 103
purpose of providing such facilities, equipment, support and time is to 104
influence the nomination or election of a candidate, or (B) such 105
facilities, equipment, support and time are provided on behalf of a 106
political party; 107
(15) The sale of food or beverage by a town committee to an 108
individual at a town fair, county fair, local festival or similar mass 109
gathering held within the state, to the extent that the cumulative 110
payment made by any one individual for such items does not exceed 111
fifty dollars; 112
(16) An organization expenditure by a party committee, legislative 113
caucus committee or legislative leadership committee; 114 Substitute Bill No. 7323
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(17) The donation of food or beverage by an individual for 115
consumption at a slate, candidate, political committee or party 116
committee meeting, event or activity that is not a fund-raising affair to 117
the extent that the cumulative value of the food or beverages donated 118
by an individual for a single meeting or event does not exceed fifty 119
dollars; 120
(18) The value associated with the de minimis activity on behalf of a 121
party committee, political committee, slate committee or candidate 122
committee, including for activities including, but not limited to, (A) the 123
creation of electronic or written communications or digital photos or 124
video as part of an electronic file created on a voluntary basis without 125
compensation, including, but not limited to, the creation and ongoing 126
content development and delivery of social media on the Internet or 127
telephone, including, but not limited to, the sending or receiving of 128
electronic mail or messages, (B) the posting or display of a candidate's 129
name or group of candidates' names at a town fair, county fair, local 130
festival or similar mass gathering by a party committee, (C) the use of 131
personal property or a service that is customarily attendant to the 132
occupancy of a residential dwelling, or the donation of an item or 133
items of personal property that are customarily used for campaign 134
purposes, by an individual, to a candidate committee, provided the 135
cumulative fair market value of such use of personal property or 136
service or items of personal property does not exceed one hundred 137
dollars in the aggregate for any single election or calendar year, as the 138
case may be; 139
(19) The use of offices, telephones, computers and similar 140
equipment provided by a party committee, legislative caucus 141
committee or legislative leadership committee that serve as 142
headquarters for or are used by such party committee, legislative 143
caucus committee or legislative leadership committee; 144
(20) A communication, as described in subdivision (7) of subsection 145
(b) of section 9-601b; 146 Substitute Bill No. 7323
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(21) An independent expenditure, as defined in section 9-601c; 147
(22) A communication containing an endorsement on behalf of a 148
candidate for nomination or election to the office of Governor, 149
Lieutenant Governor, Secretary of the State, State Treasurer, State 150
Comptroller, Attorney General, state senator or state representative, 151
from a candidate for the office of Governor, Lieutenant Governor, 152
Secretary of the State, State Treasurer, State Comptroller, Attorney 153
General, state senator or state representative, provided the candidate 154
(A) making the endorsement is unopposed at the time of the 155
communication, and (B) being endorsed paid for such communication; 156
(23) A communication that is sent by mail to addresses in the district 157
for which a candidate being endorsed by another candidate pursuant 158
to this subdivision is seeking nomination or election to the office of 159
state senator or state representative, containing an endorsement on 160
behalf of such candidate for such nomination or election from a 161
candidate for the office of state senator or state representative, 162
provided the candidate (A) making the endorsement is not seeking 163
election to the office of state senator or state representative for a 164
district that contains any geographical area shared by the district for 165
the office to which the endorsed candidate is seeking nomination or 166
election, and (B) being endorsed paid for such communication; [or] 167
(24) A communication described in subdivision (2) of subsection (a) 168
of section 9-601b, as amended by this act, that refers to a clearly 169
identified candidate for Governor or President of the United States, 170
which communication is paid for by a candidate for nomination or 171
election to any other office or by any committee of such candidate, 172
provided such communication shall only not be a contribution to any 173
candidate for Governor or President of the United States; or 174
[(24)] (25) Campaign training events provided to multiple 175
individuals by a legislative caucus committee and any associated 176
materials, provided the cumulative value of such events and materials 177
does not exceed six thousand dollars in the aggregate for a calendar 178 Substitute Bill No. 7323
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year. 179
Sec. 2. Subsection (b) of section 9-601b of the general statutes is 180
repealed and the following is substituted in lieu thereof (Effective from 181
passage): 182
(b) The term "expenditure" does not mean: 183
(1) A loan of money, made in the ordinary course of business, by a 184
state or national bank; 185
(2) A communication made by any corporation, organization or 186
association solely to its members, owners, stockholders, executive or 187
administrative personnel, or their families; 188
(3) Nonpartisan voter registration and get-out-the-vote campaigns 189
by any corporation, organization or association aimed at its members, 190
owners, stockholders, executive or administrative personnel, or their 191
families; 192
(4) Uncompensated services provided by individuals volunteering 193
their time on behalf of a party committee, political committee, slate 194
committee or candidate committee, including any services provided 195
for the benefit of nonparticipating and participating candidates under 196
the Citizens' Election Program and any unreimbursed travel expenses 197
made by an individual who volunteers the individual's personal 198
services to any such committee. For purposes of this subdivision, an 199
individual is a volunteer if such individual is not receiving 200
compensation for such services regardless of whether such individual 201
received compensation in the past or may receive compensation for 202
similar services that may be performed in the future; 203
(5) Any news story, commentary or editorial distributed through 204
the facilities of any broadcasting station, newspaper, magazine or 205
other periodical, unless such facilities are owned or controlled by any 206
political party, committee or candidate; 207 Substitute Bill No. 7323
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(6) The use of real or personal property, a portion or all of the cost of 208
invitations and the cost of food or beverages, voluntarily provided by 209
an individual to a candidate, including a nonparticipating or 210
participating candidate under the Citizens' Election Program, or to a 211
party, political or slate committee, in rendering voluntary personal 212
services at the individual's residential premises or a community room 213
in the individual's residence facility, to the extent that the cumulative 214
value of the invitations, food or beverages provided by an individual 215
on behalf of any candidate or committee does not exceed four hundred 216
dollars with respect to any single event or does not exceed eight 217
hundred dollars for any such event hosted by two or more individuals, 218
provided at least one such individual owns or resides at the residential 219
premises, and further provided the cumulative value of the invitations, 220
food or beverages provided by an individual on behalf of any such 221
candidate or committee does not exceed eight hundred dollars with 222
respect to a calendar year or single election, as the case may be; 223
(7) A communication described in subdivision (2) of subsection (a) 224
of this section that includes speech or expression made (A) prior to the 225
ninety-day period preceding the date of a primary or an election at 226
which the clearly identified candidate or candidates are seeking 227
nomination to public office or position, that is made for the purpose of 228
influencing any legislative or administrative action, as defined in 229
section 1-91, or executive action, or (B) during a legislative session for 230
the purpose of influencing legislative action; 231
(8) An organization expenditure by a party committee, legislative 232
caucus committee or legislative leadership committee; 233
(9) A commercial advertisement that refers to an owner, director or 234
officer of a business entity who is also a candidate and that had 235
previously been broadcast or appeared when the owner, director or 236
officer was not a candidate; 237
(10) (A) A communication containing an endorsement on behalf of a 238
candidate for nomination or election to the office of Governor, 239 Substitute Bill No. 7323
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Lieutenant Governor, Secretary of the State, State Treasurer, State 240
Comptroller, Attorney General, state senator or state representative, 241
from a candidate for the office of Governor, Lieutenant Governor, 242
Secretary of the State, State Treasurer, State Comptroller, Attorney 243
General, state senator or state representative, [shall not be an 244
expenditure attributable to the endorsing candidate, if] provided (i) the 245
candidate making the endorsement is unopposed at the time of the 246
communication, and (ii) the communication is paid for by the 247
candidate or the committee of the candidate being endorsed. 248
(B) Notwithstanding the provisions of subparagraph (A) of this 249
subdivision, a communication described in said subparagraph shall be 250
an expenditure on behalf of the candidate or committee paying for the 251
communication; 252
(11) (A) A communication that is sent by mail to addresses in the 253
district for which a candidate being endorsed by another candidate 254
pursuant to the provisions of this subdivision is seeking nomination or 255
election to the office of state senator or state representative, containing 256
an endorsement on behalf of such candidate for such nomination or 257
election, from a candidate for the office of state senator or state 258
representative, [shall not be an expenditure attributable to the 259
endorsing candidate, if] provided (i) the candidate making the 260
endorsement is not seeking election to the office of state senator or 261
state representative for a district that contains any geographical area 262
shared by the district for the office to which the endorsed candidate is 263
seeking nomination or election, and (ii) the communication is paid for 264
by the candidate or the committee of the candidate being endorsed. 265
(B) Notwithstanding the provisions of subparagraph (A) of this 266
subdivision, a communication described in said subparagraph shall be 267
an expenditure on behalf of the candidate or committee paying for the 268
communication; 269
(12) A communication described in subdivision (2) of subsection (a) 270
of this section that refers to a clearly identified candidate for Governor 271 Substitute Bill No. 7323
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or President of the United States, which communication is paid for by 272
a candidate for nomination or election to any other office or by any 273
committee of such candidate, provided such communication shall only 274
not be an expenditure to the extent it refers to any candidate for 275
Governor or President of the United States; 276
[(12)] (13) Campaign training events provided to multiple 277
individuals by a legislative caucus committee and any associated 278
materials, provided the cumulative value of such events and materials 279
does not exceed six thousand dollars in the aggregate for a calendar 280
year; 281
[(13)] (14) A lawful communication by any charitable organization 282
which is a tax-exempt organization under Section 501(c)(3) of the 283
Internal Revenue Code of 1986, or any subsequent corresponding 284
internal revenue code of the United States, as from time to time 285
amended; 286
[(14)] (15) The use of offices, telephones, computers and similar 287
equipment provided by a party committee, legislative caucus 288
committee or legislative leadership committee that serve as 289
headquarters for or are used by such party committee, legislative 290
caucus committee or legislative leadership committee; or 291
[(15)] (16) An expense or expenses incurred by a human being 292
acting alone in an amount that is two hundred dollars or less, in the 293
aggregate, that benefits a candidate for a single election. 294
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 9-601a(b)
Sec. 2 from passage 9-601b(b)
GAE Joint Favorable Subst.